Responsabilidade penal da pessoa jurídica nos delitos societários: uma análise da efetividade do instituto no Direito brasileiro.

Abstract

The modern society experiences new ways of living in Brazil and in the world, relying on technological advances and different ways of establishing relationships between individuals and among the companies created and managed by them for the most diverse purposes. The search for financial advantage has been the beacon guiding the behavior of people and corporations, and the final effect of this stance often translates into criminal conduct. The need for criminal accountability arises not only for individuals, but also, and especially for the companies they are part of, that often commit crimes according to their own decisions and must be held accountable. Thus, the problematization of this research is presented: Does the institute of criminal liability of the legal person prove necessary and effective in the Brazilian legal system? As a hypothesis, yes, it does, considering the scope of the damages caused by corporate crimes and the dissemination of this type of crime in the Brazilian scenario today. Thus, the present research is guided by the following general objective: To analyze the legal feasibility of applying the institute of criminal responsibility of the legal person in Brazil, in cases of corporate crimes. Therefore, it is used as a method of approach, the deductive and as a method of procedure, the systemic. The research techniques used are the bibliographic and the indirect documentary. Thus, this research makes a study about the operation of the Brazilian legal system, as to the regulation and applicability of the institute of criminal liability of the legal entity, as this is a serious problem faced by Brazil.